Pramod Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57352 of 2017 Arising Out of PS.Case No. -109 Year- 2017 Thana -UDAKISHANGANJ District- MADHEPURA ======================================================
1. Pramod Yadav, son of late Nawal Kishore Yadav,
2. Rahul Kumar @ Tapesh Kumar, son of Pramod Yadav, both resident of village- Basgarha, P.S.- Udakishunganj, Distt- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Vishoka Nand, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 09-02-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Udakishunganj P.S. Case No.109 of 2017 instituted for the offence under Section(s) 341, 323, 506, 436/34 Indian Penal Code. It has been submitted that petitioner no.1 is cousin brother and petitioner no.2 is nephew of the informant. There is land dispute between the parties.
It is alleged in the written report that the petitioners set on fire thatched house of the informant.
Case diary has been received, wherein, police has mentioned the place of occurrence in para 4. The police did not find any remains of the burnt article at the place of occurrence.
Patna High Court Cr.Misc. No.57352 of 2017 (3) dt.09-02-2018 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Udakishunganj P.S. Case No.109 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Udakishunganj, Madhepura, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) JA/- U T